EPA v. SMS INSTRUMENTS, INC

Case summary

PRE-REFERRAL NEGOTATION RE: THE SMS INSTRUMENTS, INC. SUPERFUND SITE; LIITIGATION REPORT SENT AUGUST 8, 1995. BACKGROUND:FROM APPROXIMATELY 1965 UNTIL 1992, SMS CONDUCTED OPERATIONS AT THE SITE, WHICH CONSISTED OF OVERHAULING MILITARY AIRCRAFT, INCLUDING PAINTING, DEGREASING, REFUR- BISHING, METAL MACHINING, AND TESTING. IN CONNECTION WITH THOSE OPERATIONS, HAZARDOUS SUBSTANCES WERE DISPOSED OF AT THE SITE. UNTIL JAN. 1980, WASTEWATER FROM RINSING AND PAINTING OPERATIONS WITHIN THE BUILDING AT SMS DISCHARGED DIRECTLY INTO AN UNDERGROUND LEACHING POOL AT THE SITE. FROM 1987 TO 1989, EPA CONDUCTED A RI/FS OF THE SITE THAT FOUND THE SOIL AND GROUNDWATER WERE CONTAMINATED WITH HAZARDOUS SUBSTANCES, INCLUDING SEVERAL METALS AND AROMATIC HYDROCARBONS. IN 1989 EPA ISSUED A ROD THAT SELECTED THE REMEDY FOR THE SITE. EPA IS IN THE PROCESS OF COMPLETING THE EXTRACTION, TREATMENT, AND REINJECTION OF THE GROUNDWATER. EPA EXPECTS THE GROUNDWATER TREATMENT TO CONTINUE FOR APPROXIMATELY FIVE MORE YEARS. EPA IS FUNDING 90% OF SUCH REMEDIAL ACTION COSTS AND THE STATE OF NY IS PAYING THE OTHER 10%. EPA HAS PERFECTEDA LIEN ON THE REAL PROPERTY AT THE SITE, PURSUANT TO SECT. 107(1) OF CERCLA, BUT OTHERWISE WE HAVE TAKEN NO ENFORCEMENT ACTION UNDER CERCLA WITH RESPECT TO THE SITE TO DATE. EPA BEGAN PHYSICAL ON-SITE CONSTRUCTION OF THE SELECTED REMEDY IN DEC. 1991. THIS WAS W/I 3 YEARS OF THE ISSUANCE OF THE ROD, AND THUS THE LIMITATIONS PERIOD ASSOCIATED WITH EPA'S PAST COSTS HERE WILL NOT EXPIRE UNTIL DEC. 1997. * DEFENDANTS: SMS INSTRUMENTS INC., WAS AN OPERATOR OF THE SITE APPX FROM 1965 UNTIL 1992. SOL SCHUSHEIM, WAS A CO- OWNER OF THE SITE AND THE PRESIDENT OF SMS UNTIL HIS DEATH IN 1991. JANET SCHUSHEIM, SOL SCHUSHEIM'S WIDOW, WAS A CO- OWNER OF THE SITE UNTIL 1992. IN ADDITION, FROM 1991 UNTIL MARCH 1995, SHE WAS THE SOLE OWNER OF THE REAL PROPERTY. 120 REALTY CORP., A NEWLY CREATED COMPANY IS CURRENT OWNER OF THE SITE. JANET SCHUSHEIM CONVEYED THE REAL PROPERTY TO 120 REALTY IN MARCH 1995. EPA SEEKS REIMBURSEMENT OF A PORTION OF OUR RESPONSE COSTS PURSUANT TO CERCLA SECTION 107, 42 U.S. SECTION 9607. THERE ARE NO SPECIAL FACTS OR CIRCUMSTANCES OTHER THAN THOSE DISCUSSED IN THE REPORT * FACILITY NAME: SMS INSTRUMENTS, INC, DEER PARK, NY 11729 * REFERRED TO DOJ ON SEPTEMBER 30, 1996 REQUESTING FILING OF A JUDICIAL CONSENT DECREE. * COMPLAINT FILED AND CD LODGED SIMULTANEOUSLY ON 1/2/97. A COPY OF THE COMPLAINT WAS PROVIDED FOR THE DOCKET FILES. ***SEE CD #02-1997-C041 * 09/30/2001 - CD TERMINATED AND CASE CLOSED. *

Defendants (4)

• SMS INSTRUMENTS INC
• 120 REALTY CORP (C/O JANET SCHUSHEIM)Named in complaintNamed in settlement
• JANET SCHUSHEIMNamed in complaintNamed in settlement
• SOL SCHUSHEIM (ESTATE OF)

Facilities (1)

• SMS INSTRUMENTS INC

  120 MARCUS BLVD, DEERPARK, NY, 11729

  Registry ID: 110004335327

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• JANET SCHUSHEIM AND 120 REALTY CORPentered 1997-06-27

  Primary law: CERCLA

Timeline (8 milestones)

• 1995-08-01Enforcement Action Data Entered
• 1995-08-08PRN Sent
• 1996-09-30Referred To Dept Of Justice
• 1997-01-02Final Order Lodged
• 1997-01-02Complaint Filed With Court
• 1997-06-27Final Order Entered
• 1997-06-27Concluded
• 2001-09-30Enforcement Action Closed